LEGISLATING FOR EQUALITY: A PACIFIC TOOLKIT WITH GLOBAL LESSONS

Louisa Wall is a former Member of the Aotearoa New Zealand Parliament and former Ambassador for Pacific Gender Equality. She also represented her country in both netball and rugby.

In April 2024, a cross-section of Pacific Parliamentarians gathered in Nadi, Fiji for the Third Pacific Human Rights Conference on Pacific Islanders of Diverse Sexual Orientations, Gender Identities and Expressions, and Sex Characteristics (PIDSOGIESC+).

Amid the spirit of talanoa (open dialogue and inclusive dialogue), a crucial need emerged — the desire for a practical, culturally resonant resource to support legislators advancing inclusive, rightsbased governance across the island nations of the Pacific that we collectively refer to as the Blue Pacific Continent.

Just over a year later, I am proud to welcome the release of ‘Promoting Inclusion for People of Diverse Sexual Orientations, Gender Identities and Expressions, and Sex Characteristics: A Toolkit for Legislators in the Pacific Region’, published by Parliamentarians for Global Action. More than a guide, this Toolkit is a strategic instrument designed to empower legislative leadership that is both regionally grounded and globally principled, leadership that honours our cultures while upholding the universal values of human rights, dignity and equality.

As a former Member of Parliament and Ambassador for Gender Equality, I understand the responsibility that elected representatives bear. Parliaments are more than legislative forums. They are spaces for moral leadership, public accountability and cultural transformation.

This Toolkit equips Parliamentarians with the knowledge, tools and courage to legislate for those who are too often criminalised, marginalised or silenced. What distinguishes this resource is its grounding in our region’s lived realities, ensuring its relevance and resonance with local contexts.

Developed in close partnership with Pacific Parliamentarians, civil society organisations and human rights advocates, the Toolkit affirms that people of diverse SOGIESC+ identities have always been integral to our communities. Cultural identities such as fa’afafine, palopa, takatāpui, leiti and others reflect our long-standing acceptance and recognition of gender and sexual diversity. The Toolkit goes beyond theoretical advocacy by offering practical insights that are directly informed by our cultural practices and values. In doing so, it creates a space where the contributions, histories and identities of PIDSOGIESC+ individuals are not only validated but actively celebrated as a fundamental part of our shared heritage.

Reclaiming our cultural identity through legislative action

Many of the laws that criminalise and exclude us - including sodomy laws, discriminatory criminal codes and the absence of anti-discrimination protections - are colonial imports. These legal frameworks are not of our making. Repealing them is not simply a legal task; it is an act of cultural reclamation and political justice. This Toolkit supports Parliamentarians in navigating that journey. It offers:

• Culturally grounded definitions that affirm local language and understanding

• Legislative models and policy pathways to enable decriminalisation, antidiscrimination and equitable access to health services

• Case studies from Fiji, Vanuatu, Samoa and Aotearoa New Zealand

• Guidance on building coalitions with civil society, traditional authorities and faith-based communities

• Insights on the intersection of climate justice and the vulnerabilities of PIDSOGIESC+ people

• A resounding call to action for legislators to lead with integrity, courage and compassion.

Legislators play a pivotal role in creating inclusive societies, but the pathways, arguments and legislative steps necessary to achieve those outcomes are not always evident. This Toolkit provides a blueprint for dismantling the harmful legal structures that continue to oppress and exclude and offers a roadmap for action.

Among its key legislative recommendations are:

• Repealing laws that criminalise same-sex intimacy and target gender expression

• Enacting comprehensive antidiscrimination protections across employment, education, housing and healthcare

• Mandating inclusive and responsive climate policies that recognise the distinct vulnerabilities of PIDSOGIESC+ communities in climate-related emergencies

• Strengthening human rights institutions and ensuring parliamentary oversight to promote equity and inclusion

• Supporting inclusive education initiatives and public campaigns that challenge stigma and foster acceptance.

What is perhaps most valuable in having a resource of this kind is that it models inclusivity while preserving an understanding of the distinct cultural identities that represent our communities. It draws from the context and collective experience of the people of the Pacific even as it honors the uniqueness of our island nations. In doing so, it makes the case that the protection and recognition of PIDSOGIESC+ identities are not foreign concepts but are in fact deeply aligned with our collective history and distinct cultural values.

A resource to benefit other Commonwealth nations

While tailored for the Pacific, this Toolkit speaks powerfully to other Commonwealth nations. Many post-colonial societies face similar challenges, where antiquated legal systems continue to harm people under the guise of tradition or religion. These laws are not rooted in indigenous values but in the legacy of colonialism. In many instances, these laws are a distortion of local traditions, which historically embraced inclusive understandings of gender and sexuality.

Across the Commonwealth, 30 countries continue to criminalise same-sex intimacy, and many still offer no legal protection for gender-diverse people. This Toolkit presents a framework that can be adapted globally — from the Caribbean to Sub-Saharan Africa, from South Asia to the Mediterranean.

The Commonwealth Parliamentary Association has a critical role to play in this effort. It can amplify tools like this, foster peer learning among legislators, and help build the political momentum needed for bold and principled reform.

The power of Parliamentarian movements and community

As Women’s Chair of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) Oceania and Co-Chair of the Pacific LBQ+ Working Group, I have seen the leadership of Indigenous, queer and feminist voices shifting our region’s political discourse. In my role as Chair of the Pacific Decriminalisation Committee, I work alongside courageous PIDSOGIESC+ community members and allies to ensure our laws reflect who we truly are, not what was imposed upon us.

Inclusion is not foreign to the Pacific. Our cultural values, including manaakitanga (respect and care), whanaungatanga (kinship), and kaitiakitanga (guardianship and collective responsibility) are foundational to human rights and social justice. They are the bedrock of inclusive governance.

Parliamentarians are part of a growing collective of allies, activists and communities worldwide who are pushing for meaningful change, often in the face of adversity. This sense of solidarity is crucial, as it strengthens the resolve of Parliamentarians, providing them with the support needed to challenge unjust laws, confront societal prejudices and work towards creating a more just world. Such solidarity and support are at the heart of Parliamentarians for Global Action and its mission, and this Toolkit serves as a powerful illustration of what can emerge when we are provided with safe spaces for constructive dialogue, for learning and for coordinated action.

This Toolkit reminds Parliamentarians that they are not alone. They are part of a regional and global movement committed to dignity, equality and inclusion.

To all legislators: we stand at a pivotal moment. We can remain silent, or we can choose justice. We can preserve outdated, exclusionary laws, or we can enact reforms that align with our peoples, cultures and values.

This Toolkit charts a path forward, one shaped by Pacific leadership, strengthened through solidarity, and driven by our shared commitment to equality.

Let us use it. Let us act. Let us lead.

• To download a copy of the Parliamentarians for Global Action publication: ‘Promoting Inclusion for People of Diverse Sexual Orientations, Gender Identities and Expressions, and Sex Characteristics: A Toolkit for Legislators in the Pacific Region’ please visit https://www.pgaction.org/news/sogi-pacificparliamentary-toolkit.html